August 8, 2022

USCIS Alert Regarding Fee Payments for Concurrent EB-5 Forms I-526 Petition and I-485 Applications

The USCIS has posted an Alert regarding fee payments for concurrent EB-5 Form I-526 Petition and Form I-485 Adjustment of Status Applications on the United States Citizenship and Immigration Services (“USCIS”), EB-5 Immigrant Investor Program webpage.

“ALERT: Beginning Sept. 1, 2022, we will no longer accept a single, combined fee payment when an applicant or petitioner files Form I-526, Immigrant Petition by Standalone Investor, or Form I-526E, Immigrant Petition by Regional Center Investor, together with Form I-485, Application to Register Permanent Residence or Adjust Status, Form I-131, Application for Travel Document, or Form I-765, Application for Employment Authorization. Petitioners may combine the fee payment for Forms I-485, I-131 and I-765. However, petitioners must send a separate fee payment for Form I-526 or Form I-526E.”

If a petitioner or applicant submits a single, combined fee payment for Forms I-526 or I-526E and the other forms, we will reject the forms for improper fee payment and return the fee.

Concurrent filing of a Form I-526 Petition and a Form I-485 Adjustment Application is now available for EB-5 investors following enactment of the EB-5 Reform and Integrity Act of 2022 (“RIA”) in March 2022. Prior to the RIA, an EB-5 Petitioner had to wait for his or her Form I-526 Petition to be approved before being eligible to file a Form I-485 Adjustment Application.

Adjustment of Status means that a person who has been lawfully admitted to the United States and remains in valid nonimmigrant status, for example, an F-1 student or an H-1B temporary worker, and is the beneficiary of an approved immigrant visa petition, may “adjust” their status in the U.S. and become a permanent resident. Such a person does not have to attend an immigrant visa interview at a U.S. Consulate or Embassy outside the United States.

To be eligible to file for the concurrent filing, the EB-5 investor, and any qualified family members, must be in the U.S. on valid nonimmigrant visa status, and a visa must be immediately available at the time of, or subsequent to, the I-526 Petition filing.

If you think you may be eligible for concurrent or subsequent adjustment of status, contact us info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

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Ho Chi Minh City, Vietnam

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Makati City, Philippines 1226

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Copyright 2022. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

Categories: Immigrant Visa

Tags: EB-5 Immigrant Investor Visa, EB-5 Reform and Integrity Act of 2022 (RIA), Form I-485, Form I-526, Form I-526E, United States Citizenship and Immigration Services (USCIS)

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